JUDGMENT

Debangsu Basak, J. - Two applications have been taken up for analogous hearing as they concern the same parties.

2. The defendant No. 2 has applied for dismissal of CS No. 250 of 2015 by way of Old GA No. 4020 of 2015 in CS No. 250 of 2015. The defendant No. 2 has applied for dismissal of an application under Clause 13 of the Letters Patent, 1865, filed by the plaintiffs, being ALP No. 4 of 2018 by way of IA GA No. 2 of 2021 in ALP No. 4 of 2018.

3. Learned Senior Advocate appearing for the defendant No. 2 has submitted that, the instant suit relates to dated May 16, 2012 and April 10, 2013 entered into between the plaintiffs and the defendant No. 1. The defendant No.1 instituted Title Suit No. 192 of 2014 in the Court by the learned Civil Judge (Senior Division) Second Court Barasat seeking specific performance of the agreement dated April 10, 2013. The plaintiffs had instituted Money Suit No. 101 of 2015 which was before the learned Civil Judge senior division Second Court at Barasat. The two suits had since been transferred to the Commercial Court.

4. Learned Senior Advocate appearing for the defendant Nos. 1 and 2 has submitted that, the subject matter of the instant su